What was the outcome of Tenancy Tribunal case 5319059?

The tribunal order states: The tenancy of STEPHEN MICHAEL HEITIA at Unit/Flat Unit 501, 139C Greys

How much money was awarded in case 5319059?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5319059?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5319059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12301284-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5319059?

The tribunal order states: The tenancy of STEPHEN MICHAEL HEITIA at Unit/Flat Unit 501, 139C Greys

How much money was awarded in case 5319059?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5319059?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5319059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12301284-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 501, 139C Greys Avenue, Auckland Central, Tenancy Tribunal Case 5319059 — 14-day notice

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Reasons

On behalf of the landlord, Ms Smith attended the hearing, which was conducted by phone. Two calls to the tenant were unsuccessful. A call to an earlier number that was on the tenancy agreement did not reach him either.

The landlord has applied for termination of the tenancy because the tenant has assaulted another tenant.

Section 55(1)(c) of the Residential Tenancies Act 1986 says that the Tribunal must order termination if the tenant has assaulted an occupier of any building that the tenancy forms part of or has assaulted a neighbour.

The landlord alleged that Mr Heitia had assaulted another tenant of the complex at 139A, B and C Greys Road. The complex houses 276 tenancies and Kainga Ora manages 200 of those. The complex is staffed 24 hours a day.

The onus is on the landlord to prove the facts on which their application is based. The standard of proof is on the balance of probabilities.

The landlord relied on some video footage from a security camera in the reception area and statements of two staff members. Unfortunately they were not available to give evidence and their statements were not signed. It would have been preferable to have signed statements, but in the absence of any evidence from the tenant I find it is more likely than not that Mr Heitia assaulted another resident.

The statement of one staff member says that at approximately 12:35am on 29th of June, he saw Mr Heitia confront a named individual in the seated area of the reception. That person stood up and Mr Heitia punched him in the face. As the staff members made their way to intervene, Mr Heitia threw another punch which connected with the other tenant.

The other staff member also said that he saw Mr Heitia punch the other tenant in the face.

The video footage shows one man punch another man two times. It was not clear that it was in the face, but it is clear that there were two punches.

I find that Mr Heitia assaulted the named individual. Ms Smith confirmed that the other person is a resident at the complex. The staff statement gave the apartment numbers for each of the men. I am satisfied that he was an occupant of the building and or a neighbour of Mr Heitia.

The tenancy is terminated immediately under section 55(1)(c).

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Reasons

The landlord has applied for termination of the tenancy because the tenant has assaulted another tenant.

The onus is on the landlord to prove the facts on which their application is based. The standard of proof is on the balance of probabilities.

The other staff member also said that he saw Mr Heitia punch the other tenant in the face.

The video footage shows one man punch another man two times. It was not clear that it was in the face, but it is clear that there were two punches.

The tenancy is terminated immediately under section 55(1)(c).

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5319059 — 14-day notice at Unit/Flat Unit 501, 139C Greys Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 5319059 — 14-day notice at Unit/Flat Unit 501, 139C Greys Avenue, Auckland Central,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions